Disputes about entry to workplaces

Apply for help with a dispute

You can ask us to resolve a dispute about right of entry if you are:

• the permit holder
• the union
• the employer
• the occupier of the premises
• Comcare (WHS entry permits only)

You can apply for help with a dispute about:

• right of entry under the Fair Work Act 2009 (use Form F12)
• WHS right of entry under the Work Health and Safety Act 2011 (use Form F1)

The Commission can also deal with a dispute on its own initiative.

Examples of disputes

Often, the dispute is about whether a request from one side or the other is reasonable. For example:

1. The occupier asks the permit holder to follow a safety requirement that applies to the premises. The permit holder refuses.
2. The permit holder thinks a request to take a particular route to a room for discussions is 'not reasonable'.
3. The occupier believes a permit holder enters the premises for discussions too often.
4. In a remote area, the occupier believes it would be an unacceptable inconvenience to provide transport for the permit holder.

Examples of outcomes

The Commission may make an order that:

• puts conditions on, suspends or revokes a Fair Work or WHS entry permit
• puts conditions on some or all of the entry permits associated with the union
• bans, for a time, the issue of permits to the union generally or particular people.

We may also make orders about whether a request is reasonable for the permit holder to:

• comply with an OHS requirement
• take a particular route to the location where they will meet with employees.

If we decide a request from one side is reasonable under the law, the other party must comply.

The Commission can make any other order it considers appropriate.